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Madras High CourtWP(MD)/8388/2023disposed of

Rathinaraj.P v. The Deputy Superintendent Of Police

2023-04-13Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Rathinaraj.P ... Petitioner Vs.

1. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Thiruvaikundam, Thoothukudi District.

2. The Inspector of Police, Earal Police Station, Thoothukudi, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to grant permission to perform the program of Adal Padal' program on 03.05.2023 night at about 6.00 p.m. to 11.00 p.m. at Arulmigu Sri Veeramakali Amman Kovil Temple, Melamangalakurichi, Mangalakurichi, Perungulam, Thoothukudi District, and to provide adequate police protection based on the petitioner's representation dated 08.04.2023.

For Petitioner : Mr. Sridhar.K For Respondents : Mr.R.Sureshkumar Government Advocate (Crl. Side) 1/5

O R D E R

The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the Respondents to grant permission to perform the program of Adal Padal' program on 03.05.2023 night at about 6.00 p.m. to 11.00 p.m. at Arulmigu Sri Veeramakali Amman Kovil Temple, Melamangalakurichi, Mangalakurichi, Perungulam, Thoothukudi District, and to provide adequate police protection based on the petitioner's representation dated 08.04.2023.

2. Mr. R.Sureshkumar, learned Government Advocate (Crl. Side), takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the writ petitioner submitted that festival for the temple, by name, "Arulmigu Sri Veeramakali Amman Kovil Temple, Melamangalakurichi, Mangalakurichi, Perungulam, Thoothukudi District, is going to be held on 03.05.2023. Subsequent to the same, in order to conduct a cultural programme on 03.05.2023, they sought permission of the Police by giving a representation dated 08.04.2023. But, the second respondent has not considered the said 2/5

representation. Since no order was passed, the writ petitioner has come before this Court for the above said relief.

4. The learned Additional Public Prosecutor appearing for the respondents would submit that he has objection for granting permission to conduct a cultural programme on 03.05.2023. The respondent Police is present before this Court and stated that three community people are livin in that village. In 2014, a communal murder took place and thereafter except one year, no cultural event was conducted in that village apprehending law and order problem.

5. In view of the submission made by the respondent Police who is present before this Court, the second respondent is directed to dispose the above said representation and pass suitable orders rejecting the request. So that the petitioner can workout his remedy through appropriate proceedings.

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6. With the above direction, this writ petition stands disposed of. No costs.

13.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu To

1. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Thiruvaikundam, Thoothukudi District.

2. The Inspector of Police, Earal Police Station, Thoothukudi, Thoothukudi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J Indu Order made in Dated :13.04.2023 5/5